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MATTER OF CITY OF NEW YORK (REGO PARK HOUSES)

201 Misc. 126 (1951)

In the Matter of The City of New York, Relative to Acquiring a Limited Interest in Real Property and Absolute Title to All Buildings and Improvements Situated upon Said Lands and Premises within the Area Bounded by 94th Street and Other Streets, in the Borough of Queens, Selected as a Site for The Rego Park Houses.

Supreme Court, Special Term, Queens County.

November 28, 1951.

Attorney(s) appearing for the Case

John P. McGrath, Corporation Counsel (Harold Tessler and Robert D. Joyce of counsel), for the City of New York.

Arthur A. Segall and Robert L. Pelz for Queens Horace-Harding Corporation and others, claimants.

UGHETTA, J.

The contention of the claimants that they are entitled to a return greater than 4% per annum is rejected.

In this proceeding, where the city has acquired a temporary interest, the proper measure of compensation is the rental that the owner of the condemned property probably could have obtained had the property not been condemned. (Kimball Laundry Co. v. United States, 338 U.S. 1, 7.) The only...

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